Terms of Service

Please read these Terms of Service carefully before using the website located at zupascafe.click or any related services provided by Zupas. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Zupas ("Company," "we," "us," or "our"), governing your access to and use of the website zupascafe.click (the "Website"), including any content, features, ordering systems, and services made available through or in connection with the Website.

By accessing the Website, placing an order, creating an account, subscribing to our communications, or otherwise interacting with our digital or physical services, you expressly accept and agree to be bound by these Terms. If you are using the Website on behalf of a business entity, organization, or other legal person, you represent and warrant that you have full authority to bind such entity to these Terms, and references to "you" shall include that entity.

Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Zupas is a food and beverage establishment operating in the United States. Through our Website and associated platforms, we offer the following services:

• Online Ordering: Customers may browse our menu and place orders for food and beverages for pick-up or delivery, where available.
• Menu Information: We provide detailed descriptions of our food and beverage offerings, including ingredients, allergen information, nutritional content, and pricing.
• Catering Services: Zupas may offer catering packages and group ordering options for events, corporate functions, and private gatherings.
• Loyalty and Rewards Programs: We may provide loyalty points, promotional offers, discounts, and reward-based programs accessible through the Website or associated mobile applications.
• Customer Account Management: Registered users may manage their personal profiles, order history, saved preferences, and payment methods.
• Promotional Communications: With your consent, we may send you newsletters, special offers, and promotional materials via email or other digital channels.
• Customer Support: We provide support services accessible via the contact information provided herein.

All services are subject to availability and may be modified, suspended, or discontinued at any time at our sole discretion and without prior notice. Zupas reserves the right to refuse service to any person for any lawful reason.

3. Eligibility and User Obligations

3.1 Eligibility

To use the Website and place orders, you must be at least thirteen (13) years of age. If you are under eighteen (18) years of age, you must have the consent of a parent or legal guardian to use our services. By using the Website, you represent and warrant that you meet the applicable age requirements and that all information you provide is accurate, current, and complete.

3.2 Account Registration

Certain features of the Website may require you to create a user account. When registering, you agree to:

• Provide accurate, truthful, current, and complete information as prompted during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Keep your login credentials, including your username and password, confidential and secure.
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

Zupas reserves the right to suspend or terminate any account at its sole discretion, including accounts that violate these Terms or that have been inactive for an extended period.

3.3 General User Obligations

As a user of our Website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree to:

• Comply with all applicable federal, state, and local laws and regulations.
• Respect the rights and dignity of other users and our staff.
• Provide truthful information when completing forms, placing orders, or contacting us.
• Use the Website only for its intended personal, non-commercial purposes unless otherwise agreed in writing.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities in connection with your use of the Website or our services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to identity theft, payment fraud, or impersonating any person or entity.
• Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
• Using any automated tools, bots, scrapers, crawlers, or similar technologies to access, extract, or collect data from the Website without our prior written consent.
• Transmitting any viruses, malware, ransomware, or other harmful, disruptive, or destructive code or files through the Website.
• Interfering with or disrupting the integrity, performance, or operation of the Website or the servers and networks connected to it.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or its content for commercial purposes without our express written permission.
• Posting, transmitting, or sharing content that is defamatory, harassing, abusive, obscene, discriminatory, or otherwise objectionable.
• Circumventing, disabling, or otherwise interfering with any security features or access controls of the Website.
• Using the Website to collect or harvest personal information about other users without their consent.
• Engaging in any activity that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
• Violating any applicable export control laws, sanctions, or trade restrictions.
• Using the Website in any manner that violates the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.

Violation of any of the above prohibitions may result in immediate termination of your access to the Website, legal action, and/or referral to appropriate law enforcement authorities.

5. Intellectual Property Rights

5.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, menu designs, brand elements, and the selection, arrangement, and presentation thereof — are the exclusive property of Zupas or its licensors and are protected by applicable United States and international intellectual property laws, including but not limited to copyright, trademark, trade dress, patent, and trade secret laws.

5.2 Limited License

Subject to your compliance with these Terms, Zupas grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use. This license does not include any right to:

• Modify, adapt, translate, or create derivative works based on the Website or its content.
• Reproduce, distribute, publicly perform, publicly display, or transmit the Website's content in any form or medium.
• Reverse engineer, decompile, disassemble, or otherwise attempt to extract the source code of any software component of the Website.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained on the Website.
• Use the Website's content for any commercial purpose without prior written authorization from Zupas.

5.3 Trademarks

The name "Zupas," the Zupas logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Zupas or its affiliates. You may not use such marks without the prior written permission of Zupas. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.4 User-Submitted Content

If you submit, post, or otherwise transmit any content to us (including reviews, feedback, comments, or suggestions), you grant Zupas a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for any purpose, including marketing and promotional activities, without compensation to you. You represent and warrant that you own or have the necessary rights to grant this license and that the submitted content does not infringe any third-party rights.

6. Ordering, Payment Terms, and Pricing

6.1 Menu and Pricing

All menu items, descriptions, and prices displayed on the Website are subject to change at any time without prior notice. Prices are listed in United States Dollars (USD) and are exclusive of applicable sales tax, service fees, and delivery charges, which will be calculated and displayed at checkout. Zupas strives to ensure pricing accuracy but is not responsible for typographical errors. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and will notify you promptly.

6.2 Order Placement and Confirmation

Your placement of an order through the Website constitutes an offer to purchase the selected items. A binding contract is formed when you receive an order confirmation from us via email or through the Website's confirmation page. We reserve the right to decline or cancel any order at our discretion, including but not limited to cases involving suspected fraud, payment processing issues, or item unavailability.

6.3 Payment Methods

We accept various payment methods as indicated on the Website at the time of purchase. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information is accurate and complete. You authorize Zupas to charge the applicable amounts to your designated payment method.

6.4 Refund and Cancellation Policy

Requests for refunds or order cancellations should be directed to us at [email protected] as soon as possible after placing your order. Once food preparation has commenced, cancellations may not be possible. Refunds are handled on a case-by-case basis and are at the sole discretion of Zupas, subject to applicable consumer protection laws. All sales of perishable food items are generally final once the order has been prepared or fulfilled.

6.5 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchase. Applicable taxes will be calculated and added to your order total at checkout in accordance with applicable law.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, INFORMATION, PRODUCTS, AND MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZUPAS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INCLUDING MENU DESCRIPTIONS, NUTRITIONAL INFORMATION, ALLERGEN DATA, OR PRICING.
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED.
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

ALLERGEN AND NUTRITIONAL INFORMATION: While we make reasonable efforts to provide accurate allergen and nutritional information, cross-contamination may occur in our kitchen environments. Customers with food allergies, dietary restrictions, or specific medical conditions should exercise caution and contact us directly before placing an order. Zupas does not warrant that any menu item is free from allergens or suitable for any specific dietary requirement.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer. In such cases, the exclusions and limitations in this section shall apply to the fullest extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL ZUPAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZUPAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, THE AGGREGATE LIABILITY OF ZUPAS AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO ZUPAS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

9. Indemnification

You agree to defend, indemnify, and hold harmless Zupas and its respective officers, directors, employees, agents, affiliates, licensors, suppliers, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your use of or inability to use the Website or services.
• Your violation of these Terms or any applicable law, regulation, or ordinance.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or proprietary rights.
• Any content you submit, post, or transmit through the Website.
• Any fraudulent, deceptive, or intentional misconduct on your part.
• Any dispute between you and any other user or third party.

Zupas reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Zupas in asserting any available defenses.

10. Third-Party Links and Services

The Website may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Zupas. These links are provided solely for your convenience and information. Zupas has no control over the content, privacy policies, or practices of any third-party websites or services and expressly disclaims all liability arising from your use of them. We encourage you to review the terms and privacy policies of any third-party websites you visit. The inclusion of any link on our Website does not imply our endorsement of the linked website or its operators.

11. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy. If you are a resident of California, your rights and our obligations with respect to your personal information are further governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Zupas is registered and primarily operates, without regard to its conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the applicable state, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms are subject to applicable federal laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts or practices, the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and any other applicable federal consumer protection statutes. If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact Zupas at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to resolve your concerns within thirty (30) days of receiving your written notice. If we are unable to resolve the dispute informally within that period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

Except for claims that may be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, the breach, termination, or validity thereof, or your use of the Website or services, shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, and the arbitral award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND ZUPAS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that the class action waiver in this section is unenforceable for any reason, the agreement to arbitrate shall not apply to that dispute, which shall instead be resolved in a court of competent jurisdiction.

13.4 Time Limitation on Claims

To the extent permitted by applicable law, any claim or cause of action arising out of or related to these Terms or your use of the Website must be filed within one (1) year after such claim or cause of action arose. Any claim filed after this period shall be forever barred.

14. Term and Termination

14.1 Term

These Terms are effective as of the date you first access or use the Website and will remain in full force and effect for as long as you continue to access or use the Website or our services, unless earlier terminated in accordance with this section.

14.2 Termination by You

You may terminate your account and discontinue use of the Website at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations accrued prior to termination, including any outstanding payment obligations.

14.3 Termination by Zupas

Zupas reserves the right, in its sole discretion, to suspend or terminate your account, restrict your access to the Website, or refuse service to you at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable law.
• Fraudulent, deceptive, or abusive behavior.
• Conduct that may harm Zupas, its users, or third parties.
• Extended periods of account inactivity.
• Technical or security concerns.

14.4 Effect of Termination

Upon termination of your account or access to the Website, the license granted to you under these Terms shall automatically terminate, and you must immediately cease all use of the Website and its content. The following sections of these Terms shall survive any termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

15. Changes to Terms of Service

Zupas reserves the right to modify, update, amend, or revise these Terms at any time at its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law or where we deem appropriate, provide you with additional notice (such as by email or a prominent notice on the Website). We may also require you to re-confirm your acceptance of the updated Terms before continuing to use our services.

Your continued use of the Website after the posting of any updated Terms constitutes your acceptance of the new Terms. If you do not agree with any changes to these Terms, you must immediately stop using the Website and, if applicable, delete your account. We encourage you to review these Terms regularly to stay informed of any updates or modifications.

16. Electronic Communications

By using the Website and our services, you consent to receive electronic communications from Zupas. These communications may include notices about your account, order confirmations, receipts, information about changes to our policies, and other information related to our services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

17. Force Majeure

Zupas shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, labor disputes, supply chain disruptions, power outages, cyberattacks, or any other event of force majeure. In such circumstances, Zupas shall be excused from performance to the extent affected by the force majeure event for as long as such circumstances persist.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect. The parties agree that a court or arbitrator shall have the authority to reform any unenforceable provision of these Terms to give it the closest legal effect to the original intent of the parties.

19. Waiver

No failure or delay by Zupas to exercise or enforce any right or provision of these Terms shall constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Zupas to be effective.

20. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by Zupas on the Website, constitute the entire agreement between you and Zupas with respect to your use of the Website and services. These Terms supersede all prior negotiations, agreements, representations, and understandings between you and Zupas regarding such subject matter, whether written or oral.

21. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, to any third party without the prior written consent of Zupas. Zupas may freely assign or transfer these Terms, or any rights or obligations hereunder, to any affiliate, successor, or acquirer of Zupas or its business assets without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

22. Accessibility

Zupas is committed to ensuring digital accessibility for people with disabilities. We continually improve the user experience for everyone and apply relevant accessibility standards. If you experience any difficulty accessing any part of our Website, please contact us at [email protected] so that we may assist you.

23. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, or if you wish to report a violation, please contact us using the information below:

We will make every effort to respond to your inquiry within a reasonable timeframe. For urgent matters related to food safety, allergens, or order issues, we recommend contacting us directly via email for the fastest response.